Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Non filing of - Defence struck off - Written statement not filed due to some official lapse and the same not prepared in time - Provision of O.8.R.1 is directory and not mandatory in nature - Rules of procedure are handmaid of justice to enhance the same and not to subvert it - One more opportunity..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Guarantor died before filing of the suit- His L.Rs subsequently ordered to be impleaded as party - Bank cannot be expected to keep itself informed as to whether the guarantors are still alive or not, as and when the fact comes to the knowledge, the application for bringing them on record can be filed...........
Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Order 7,, Rule 1 -- Oral prayer - Writ petition challenging award passed by Tribunal - No relief claimed regarding benefit of enhanced solatium and interest - Oral prayer for grant of entitlement. Held - Settled law that no relief can be granted beyond the one claimed - However, in a given case,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of a co-parcener as a party to the suit - Held, a coparcener cannot seek impleadment in the suit on the ground that he is a co-parcener - A coparcener has no right to challenge the action of Karta before the completion of sale - Application dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Maintainability of suit - Preliminary issue - Suit for declaration challenging decree - Plaintiff party to previous suit - Objections to execution of decree filed by him also dismissed - There is not illegality to treat issue of maintainability as preliminary issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Defendant seeking injunction against plaintiff - Suit for injunction restraining defendant from interfering with possession and from demolishing structure - Defendant seeking injunction restraining plaintiff from carrying on with construction as plaintiff's father had executed agreement to sell suit property to defendant -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case - Previous litigation between same parties albeit between some parties - Such judgment is relevant to determine prima facie case even at the stage of grant of ad interim injunction...........
Civil Procedure Code, 1908, Order 22, Rule 1, 3 -- Abatment of suit - Several Co-owners filed suit for declaration of title - One of the co-owner died a day prior to the filling of the suit, another co-owner died during the pendency of suit - Application to implead LR's dismissed - One of the co-owner competent to seek the declaration of title - Suit will not abate,..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim order - Judgment in respect of same property albeit between some parties - Relevant piece of evidence at the stage of passing order in an application under Order 39 Rule 1 & 2, to determine prima facie case - Sahu Madho Das's case AIR 1955 SC 481 & Amalgamated Coalfield's case AIR 1964 SC 1013 relied...........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Supervisory Jurisdiction - Interim order passed by Lower Courts directing both the parties to maintain status quo regarding possession - Sons of plantiff lost earlier litigation upto Supreme Court in respect of same land - Issuance of interim order will nullify the judgment in..........
